Stridhan

Dear Client,

Yes, you can legally claim back the gold, silver, and other valuable items given to you during your marriage, including those given by your in-laws, under the concept of "Stridhan" in Indian law.

These items are considered your Stridhan, which legally belongs to you as per Section 14 of the Hindu Succession Act, 1956.

Therefore, you can seek recovery of Stridhan through your ongoing Domestic Violence (DVC) case under Section 12 r/w Sections 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, and also under Section 27 of the Hindu Marriage Act, 1955 during divorce proceedings.

Additionally, if your husband or in-laws are withholding these items, you can file a criminal case for criminal breach of trust under Section 406 of the IPC, as it is illegal for them to retain or misuse your Stridhan. It is advisable to prepare a detailed list of items with approximate values, along with any supporting evidence like bills, wedding photos, or witness statements, and submit it to the court to support your claim.

Dear Client,
The jewelry gifted by your parents/relatives, including your in-laws at the time of marriage, is your Streedhan over which you have an absolute right to claim. In case your husband's family refuses to return the Streedhan, filing a police complaint under Section 406 of the Indian Penal Code (now Section 316(2) of BNS) is a viable option to get back your Streedhan from your husband/in-laws. The Supreme Court has ruled, saying that a woman has inalienable rights over Streedhan and she can claim it even after separation from her husband, and denying it would amount to domestic violence, making the husband and in-laws liable to face criminal prosecution. As per Hindu law, Streedhan is whatever a woman receives during her lifetime, including all movable, immovable property, gifts, etc, received before marriage, at the time of marriage, and during childbirth. Even in situations where the divorce has not been dissolved by the judicial decree, as per the Supreme Court of India, the woman can always claim back her Sstridhan from her in-laws. It is recommended to consult with an experienced Advocate to navigate the issue in the right way.